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M- 2009 -027 <br />Consent Agenda Form <br />August 15, 2013 <br />Page 2 of 3 <br />Division considers mining 2 acres or more outside of the approved permit boundary as a violation for <br />mining without a permit) <br />August 16, 2013 - A Reason to Believe letter and the Division's July 19, 2013 inspection report were sent <br />to The Walsenburg Sand and Gravel Company. <br />REASON FOR VIOLATION: <br />The Operator failed to first obtain a reclamation permit from the Mined Land Reclamation Board before <br />engaging in a new mining operation as required by C.R.S. 34- 32.5- 109(1). <br />STAFF RECOMMENDATION: <br />Violation: <br />Find a violation of C.R.S. 34- 32.5- 109(1) for failure to first obtain a reclamation permit from the Mined <br />Land Reclamation Board before engaging in a new mining operation. <br />Corrective Action(s): <br />Corrective action is to submit to the Division a Conversion application for a 112 reclamation permit, with <br />all materials in approvable form within 30 days of the signed board order. <br />Civil Penalty: <br />For a violation of C.R.S. 34- 32.5- 109(1), a Civil Penalty may be assessed at a rate of $1,000 to $5,000 for <br />each day of violation. In this case, there are 62 days of violation from date of the inspection (July 19, <br />2013) to the September 18, 2013 Board Meeting. <br />The Board will assess a civil penalty of $1000.00 per day of violation for 62 days, for a civil penalty <br />amount of $62,000 with all but $500.00 suspended if the Operator complies with the corrective action. <br />(Failure to submit the unsuspended portion of the civil penalty by the date specified in the Board Order <br />will result in immediate submittal of those penalties to State collections.) <br />